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Showing posts for: Jackie Marks

Jul 05 2017
DisabilityHarassment & DiscriminationHiring

Q&A: Post-offer medical testing problematic when hiring temp agency employees

Question: We currently contract with a temporary employment agency for workers and will hire some of these workers after 90 days of successful work. We require all new regular employees for production and maintenance positions to undergo a pre-employment (post-offer) medical test. When we offer regular jobs to the temp agency employees, can we require…

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May 05 2017
DisabilityDrug and AlcoholQ&A

Q&A: Is leave for jail time a reasonable accommodation for alcoholism?

Answer: No. The Americans with Disabilities Act (ADA) requires employers to reasonably accommodate a disability, such as alcoholism, but the ADA has a unique rule for bad behavior related to the use of alcohol or illegal drugs. Disability Rights and Alcohol Under the ADA, an employer “may hold an employee who engages in the illegal…

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Jan 24 2017
Employee BenefitsQ&A

Should we appeal a Marketplace employer notice issued under the ACA?

Probably not. You only need to consider appealing a Marketplace employer notice if the information contained in the notice is inaccurate. Under the Affordable Care Act (ACA), an applicable large employer (an employer who employees at least 50 full-time equivalent employees), is required to offer affordable, minimum value health insurance coverage to full-time employees (employees…

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Oct 10 2016
Leave LawsQ&A

Q&A: Do employees have the right to take time off to vote?

A: There is no federal law that requires employers to grant leave, either paid or unpaid, to allow employees time off to vote. However, many states do have laws providing employees the ability to take protected time off for voting. For example, California allows employees up to two hours paid leave to go vote if…

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Sep 28 2016
Harassment & Discrimination

Posting anti-harassment policy is not enough – training also necessary

Even though an employee failed to report ongoing sexual harassment by her supervisor or to make use of the posted complaint process, a recent court decision will allow her sexual harassment claim to proceed to trial. The employee, along with many others, stated she had no knowledge of the workplace anti-harassment policy or the complaint…

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Sep 01 2016
HiringImmigration

Increased penalties for immigration related violations now in effect

The U.S. Department of Justice (DOJ) has published a rule change, effective August 1, 2016, that substantially increases the possible penalties for immigration related violations. Although the change took effect on August 1, it allows the agency to issue the higher fines for any violations that occurred after November 2, 2015. This rule change may…

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Jun 14 2016
Employee BenefitsQ&AWage and Hour

Cash in lieu of benefits must be included in regular rate calculation for overtime

Answer: Yes. The money you are providing to the employees for opting out of medical benefits is considered cash in lieu of benefits and should be included in the regular rate calculation for overtime pay. Money must be included in the employee’s regular rate of pay if it is generally understood as compensation for work,…

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